SUPREME COURT

Hawera & Normanby Star, Volume LXXVII, Issue LXXVII, 19 July 1918, Page 5

SUPREME COURT

MAGISTRATE'S DECISION REVERSED.

(BX\ TELEGRAPH — rRESP ASSOCIATION.) WELLINGTON, July 18.

lii the Supreme Court this morning, t Mr Justice Chapman heard a case in which Joseph Nathan and Co. appealed against a decision of Mr McCarthy, S.M., imposing a fine in January, 1917, for selling short-weight butter to William Campbell, grocer. Appellants' counsel said the company manufactured > the "Defiance" butter. On January 8, 1917, Campbell purchased 481b of butter from the firm, the package being labeled lib. On January 10 Inspector Cowde- ! roy purchased a package of the butter from Campbell's assistant, and, on weighing it, found that it was 5 drachms short. The charge was laid for having a misleading label, under section 12 of the Sale of Food and Drugs Act. It was contended that tb_o short-weight was caused by too close adjustment of the wires in defendants' cutting macnine. For defendants, counsel contended that there was not a case to answer. The sale had not been proved. On the same day that the inspector was said to have bought the butter at Campbell's he also purchased from another store the same brand of butter, which, was well over the weight.

His Honor, after hearing the evidence, said that a probable case had been mad* out, but he thought something more should be made out in a case like this. He did not think it had boon proved as conclusively >s it should. The appeal was allowed.